tv NBC Bay Area News at 5 NBC July 28, 2014 5:00pm-5:31pm PDT
they were under arrest for being drunk. according to police, the victims were then led out of the bar, handcuffed, their heads covered with cloth bags. they were put into the defendant's crown victoria and driven to his home by a second suspect who disappeared once they arrived at the house. according to testimony, the defendant then led the victims into his bedroom where they were shown homosexual pornographic films. the victims were then reportedly forced to take multiple shots of rum. luiz told investigators he spit his out. the other victim drank and passed out. at this point the defendant and luis allegedly struggled for an hour and a half, during which luis told investigators he kissed and groped him and intended to disrobe him. the victim said the defendant made derogatory remarks about hispanics, telling luis if he went to police, no one would believe him. luis told investigators he finally got away by grabbing a wrench and hitting the defendant
in the head. as he was leaving, the victim reportedly grabbed the defendant's cell phone thinking he could use it as evidence. he gave it to a woman who told him she would help him but never did. after seeing the defendant last year twice in public places, luis reported the incident, bringing photos with him, which officers used to identify him as a suspect in an ongoing investigation. luis did tell investigators that he looked for that other victim but has not seen him since the night of the incident. live in san francisco, kimberly tere, nbc bay area news. a violent showdown in antioch, a man shot multiple times by a police officer just before 9:00 a.m. near the corner of folsom drive and spaulding street. officers were responding to reports of a rifle in the street. police were trying to detain a man when he ran into an open garage. at some point a police officer
opened fire and shot the man several times. he did survive. his condition is unknown, though. it does not appear the suspect was armed when he was shot. police are offering a $5,000 reward to catch this woman. she's accused of robbing an 87-year-old woman walking away from an atm. the victim was thrown to the ground and suffered a broken hip. it happened on july 5th near the mechanics bank on west richmond avenue. police believe the robber is between 25 and 35 years old. evidence of a cozy relationship, a flood of private e-mails now public is shining a light on the relationship between the state's public utility commission and pse&g. the e-mails were released only after the city sued the cpuc. nbc bay area's mark matthews is live with the latest on the long battle over that disaster. mark? >> reporter: as you know, pacific gas electric company
could face historic penalties and fines over that 2010 explosion and fire in san bruno, and as you know, the california public utilities commission is the agency in charge of overseeing the utility. so what the city wants to know, why is there a stack of e-mails between the heads of pse&g and the puc talking about how to handle the investigation and how to handle the news media? >> explosion. >> reporter: on the steps of the california public utility commission headquarters this morning, the mayor of san bruno called the e-mails shocking and illegal. >> pse&g has made illegal efforts to influence the cpuc decision makers to protect the utility's financial interest, sadly and shockingly, the cpuc has participated in the illegal conduct. >> reporter: in one e-mail, cpuc president michael peavy writes to pse&g's vice president of regulatory relations regarding the 2010 explosion and fire and an e-mail that pse&g anticipated
facing criminal charges. peavy wrote, "pse&g's decision to issue a press release last week anticipating all of this only meant that the public got to read two big stories rather than one. i think this was inept." said peavy. why peavy would offer advice to pse&g on how to avoid bad publicity is a question we could not answer. we got a statement saying the commission takes seriously all allegations of bias and rule violations, which is pretty much what we got from pse&g's spokesman. >> we're taking this matter very seriously and hold all employees to a high standard when it comes to ethics and how to conduct yourself. >> reporter: do you think looking at these e-mails they held themselves to that high standard? >> we need to do a thorough review of all these communications. >> reporter: how long is this going to take? >> as fast as we possibly can and as soon as we do, we'll know exactly what we need to do. it's critical everybody operates in an ethical manager.
>> reporter: never would say what possible sanctions the heads of the utility might face or how long it would take to make an ethical judgme. the city of san bruno is calling on peevey to resign and if he won't, they want the governor to remove him and san bruno's mayor wants the pse&g executives that e-mailed cpuc to be fired. coming up, peevey gets advice on how to avoid a public information request. that's the story we're working on for 6:00. mark matthews, nbc bay area news. >> okay, mark, we will see you next hour. now to the south bay, tense moments this afternoon, but the all-clear has just been given. a suspicious device was found after 2:00 this afternoon at california waste solutions. this is on timothy drive in san jose. it's an industrial area near the 101/880 interchange. let's bring in robert handa, who
joins us from the scene with the latest details. robert? >> reporter: we're here outside the recycling facility where the san jose police bomb squad was set up just about half hour ago. the hectic scene around the california waste solutions building started a few hours ago when police and fire units descended on the industrial area around timothy drive. employees were evacuated or moved into certain buildings and neighboring businesses were told to shelter in place as units scrambled into position. >> right around 2:00 we got a call that there was a suspicious device over here at cal way recycling center. when officers arrived on scene we found a homemade destructive device. >> reporter: police said the device looked like a pipe bomb with a fuse and shortly afterwards we heard the muffled ek ploegs of the bomb squad destroying the device. now police say they don't believe the recycling center was
an intended target. police say they believe the device just ended up here and also point out the device was handled by machinery first and yet never detonated. as far as locating where the device may have come from, that investigation is ongoing. live in san jose, robert handa, nbc bay area news. >> thanks, robert. we are also following another breaking story, a shooting in san jose around 3:30 this afternoon. when police arrived, they found a man with a gunshot wound lying in the street right off 680. witnesses say they saw four or five men running from the scene. we have just arrived and are getting more information. we'll have the latest tonight at 6:00. now to an nbc bay area followup. the death of a san jose baby earlier this year will not be prosecuted as a crime. that's the decision from the district attorney. in april the father left his home to drop off his child with the babysitter. he was extremely fatigued and apparently forgot his 9-month-old son sleeping in the
back seat. that boy died in the hot car. prosecutors say the father had no history of child abuse, was very cooperative and extremely remorseful, so they ruled it an accident. as we begin the work week, sunny and steamy day. what's in store for the rest of the week? >> let's check in with chief meteorologist jeff ranieri. possible thunderstorms? >> that's right. it's been three weeks of on and off monsoonal moisture coming in from southern california and as that arrives, humidity with this. as we zoom in right now, we are tracking a few showers just to the south and the east of gilroy. little bit of this may hold up here throughout this evening to bring the south bay a few light showers. otherwise the other thing was the hot temperatures and also the increased humidity. higher dew points in the atmosphere. 94 in livermore today, morgan hill 93. south san jose 90. cupertino also 86. it should be said with this humid flow moving in a slight risk of maybe lightning that is
going to keep our fire danger increase. july wildfire threat, again, will remain above average. we have a significant risk of possibly large wildfires getting set even from what could start as a very small fire. more on the full forecast coming up. >> jeff, see you shortly. talking about fires, there are two major wildfires burning around northern california and there is some good news. evacuees are being allowed to return to their homes for the first time in days. firefighters have been able to save all but 13 of those homes. this is east of sacramento in the foothills of the sierra. the fire started on friday and has burned almost 4,000 acres. it's now 65% contained. almost 2,000 firefighters remained on the scene, including 30 from the bay area. the other fire is at yosemite on the western edge of the national park. 700 firefighters are on site. it broke out saturday and has quadrupled in size since yesterday. it's only 5% contained at this hour. 100 homes have been evacuated
and also two campgrounds. this is the height of the busy season for yosemite, but the park remains open as do the main roadways leading into it. no word yet on the cause of this fire. a humanitarian challenge. governor jerry brown not mincing words when it comes to the crisis at the border. he's in mexico right now on a diplomatic mission. >> i have the utmost consideration. >> thousands of undocumented children and families have crossed the border in recent months to escape violence in central america. the governor is meeting with the mexican president. his three-day visit to the country will also focus on trade and the environment. up next here at 5:00, class dismissed, but that's not a good thing. hundreds of college students who have been left high and dry from their school's bankruptcy. and the freak storm in southern california that killed a man and injured dozens of others. and the decision that gives
it's a well known college but now shut down, bryman college, which has locations throughout the bay area, is now officially closed. some students are now asking did i waste my time and did i waste my money? nbc bay area's michelle roberts joins us from the san jose location. michelle, what now for the students? >> reporter: well, students are asking a lot of questions. many are frustrated. they came here this morning not for class, but to get some answers and pick up some paperwork. four locations across california are now closed and hundreds of
students are asking themselves, did i waste my time? there's a sign on the front door, bryman college in san jose is closed. >> we don't know if another school's going to take us. we might have to start all over. >> reporter: students are reeling. she has been studying to become a medical assistant. she learned about the school closing on the news a few days ago, then received a vague e-mail from school officials. >> it really made me mad, because i have one month left, but there's nothing i could do. >> reporter: she's paid thousands of dollars and doesn't know if or when she'll get that money back. the parent company of bryman filed for chapter 11 bankruptcy. no one from the company was on campus monday to face students. >> they are cowards. >> reporter: instead, california department of human affairs handed out information about the student tuition recovery fund, a safety net for students that had loans with the states and tips for students interested in
transferring. >> unfortunately, most of the students won't be able to transfer all of the credits. >> reporter: some tried to figure out where to apply, others are waiting for their dmoe diploma. she's working as a dental assistant, a job she got after she finished at bryman a couple months ago. now she's worried she'll be fired before the paperwork arrives. >> it's just depressing and disappointing that the school would do this to everybody. >> reporter: for students that have graduated and received their diploma, the diplomas will be honored in the future. i left several voice mails and my calls were not returned. reporting live in san jose, michelle roberts, nbc bay area news. all clear tonight in livermore, but that wasn't the case this morning when a truck carrying thousands of pounds of bananas and other fruit overturned. a small amount of fuel also spilled and had to be cleaned
up. the crash closed off two of the four westbound lanes for most of the morning commute. the truck driver was not hurt. the morning commute also tough on the south bay today. a blown transformer is to blame for bringing down a power line on highway 85 near the homestead avenue exit. crews shut down the highway in both directions about 90 minutes while they worked to remove the line. traffic was diverted off the freeway and around this closure. all lanes were reopened just before 8:00 this morning. tonight the cleanup continues as does the investigation what sparked that fire near a propane farm in san jose. it happened last night around 11:00 near 280 and 6th street. this was on the other side of the freeway from san jose state. crews had to shut down 280 in both directions for about 20 minutes. they also evacuate the the neighborhood for a brief time. investigators say the fire started in some trees and quickly moved towards dozens of those tanks. some of the tanks burned, but
did not explode. the sale is back on. today a judge ruled against ousted los angeles clippers owner donald sterling. the preliminary ruling clears the way for the $2 billion sale to former microsoft ceo steve ballm ballmer. sterling's wife shelly made the deal. donald sterling is expected to fight this decision. struck without warning and went off like a bomb. that's what witnesses are saying about a sudden and deadly storm that struck venice beach down in southern california yesterday afternoon. about 30,000 people were there at the beach and that's when lightning struck. it killed a 21 year old from l.a. 12 other people were hurt. one of them critically. witnesses say the lightning also rattled buildings and showered a life guard building with sparks. coming up tonight on nightly news, why there's no warning systems for lightning storms in california. >> we still have the threat of thunderstorms right now. let's get a check at the
forecast with jeff ranieri. >> that's right. we should also say lightning is one of the leading killers when it comes to weather, so if you're close enough to hear that thunder, you're close enough to get struck by the lightning bolt. if you hear the thunder, best advice is to head inside and seek shelter. the same area that brought up the lightning that did turn deadly, this monsoonal moisture is producing lightning strikes mainly near yosemite and sierra. for us, no lightning detected over the past six hours, but a few areas of showers to the south of gilroy. some of this may hold up to bring you a spotty shower. we're going to talk more about why it's been so humid and why we've seen this moisture coming up in about 45 seconds. i do want to take you outside in the sky camera network. the other thing you'll notice is how cloudy it is with the humid air moving in across the bay. right now, mainly cloudy in san francisco and 71. you also have the onshore flow mixing in.
complicated weather pattern in san francisco. for the peninsula, 74, humidity value at 45% and some of the muggiest air in the south bay and 76. zoom in for a closer picture, you can see the gray/blue image there. again, that's what a lot of you are dealing with tonight with the overcast skies. so now let's go ahead and get into why it has been so humid. we started to see this flow really switch around last night, and the reason why we're getting it, you're going to be able to see here very clearly all this blue, that's moisture in the mid levels of the atmosphere. so with that said, we're going to take a look at the source of this. it's all about high pressure. if this was not here, we would not get the monsoonal moisture, so the rotation around the area of high pressure is pulling in the southeasterly winds, helping to bring in hot air from mexico. then on top of that, moisture moving in from the gulf of california, it's humid, funneling it up towards the bay area and getting us hot and humid air. tomorrow, we're going to keep that chance of an isolated risk
of thunderstorm in the forecast and it's going to feel a bit sticky. we probably won't lose this humidity in the atmosphere until about wednesday or thursday. let's take you into the microclimate forecast. what you're going to see here, no, not calling for lightning bolts across the bay area or a major shower chance. overall, temperatures are going to stay warm. san jose, 90 degrees and mainly sunny. morgan hill, 98. for the peninsula, 66 and cool that pacifica, palo alto, 86. san francisco, the onshore flow is back and temperatures in the 60s. we'll take you to the north bay, east bay, also the tri-valley. what you're going to find here is another hot day in napa with 91 degrees. and for the east bay, 78 in oakland. if you're headed on 24, get back towards walnut creek, 96 degrees and likely close to 100 expected in livermore. so, on the five-day trend you can see in san francisco numbers staying in the upper 60s to low 70s and for san jose, many days in a row of temperatures that
are going to be very similar with mainly sunny skies. again, that risk of thunderstorms is extremely slight. again, we did not add it to the icons, but keep your eyes to the sky the next two days. >> all right. thank you, jeff. close call watches the young woman walking her baby and an suv enters the picture. we'll show you what happens next. and a new destination tonight for virgin airlines. where the company is heading and why.
harrison and third streets, sending the suv toward her sidewalk. the woman pulls back the stroller just in time. police at this time are still trying to determine which driver was at fault. virgin america has a new destination tonight. it's going public. the airline filed today for its i.p.o., initial public offering. virgin america posted its first annual profit last year of $10 million. the 6-year-old company says it doesn't know when the i.p.o. will happen or how much each share will cost. home buying may be slowing, but shopping just got red hot because of a new business deal involving a bay area company. trulia is being purchased by rival zillow in a $3 billion stock deal, but trulia won't lose its identity. the combined company will keep both the trulia and zillow brands. zillow plans to expand its empire to smartphones and
tablets, while the company's boards have okayed the deal, shareholders still need to approve it. some silicon valley kids are learning the ropes about putting a tv show together. the summer video camp just wrapped up in san jose. create tv is a nonprofit community access channel and has spent part of the last three years teaching the students the basics of video production and thanks to a $50,000 grant from nbc universal 21st century solutions, create tv is able to help even more students. >> the great impact is now they are thinking of pursuing careers. they want to go to school. they have access to this commitment at school, they want to go to school. they are thinking of the future and what they can do. >> i've always loved entertaining people, and i've just -- it's really fun, and i love being on stage and just the entire experience of it all, so when i came, i was like -- i love it here. >> she's very excited. every year nbc universal awards
break up with cable. choose u-verse tv from $19 a month for 2 years. we'll be back in a half hour. tonight at 6:00, imagine your cell phone lasting a whole week without recharging. the project local researchers are working on that could be a real battery breakthrough. a southern california city is challenging its drivers to save water by keeping their cars dirty. this month people in ventura are
being asked to conserve water by driving a dirty car. washing your car at home can typically use 80 to 150 gallons of water per car. compared to about 45 gallons at a professional car wash. also, car washes use recycled water. ventura has a contest on their facebook page. the picture of the dirtiest car with the most likes gets a free prize, which is, of course, a car wash. a reminder tonight, the giants take on the pirates height right here on nbc bay area. because of that, some programming will shift to tv 36. american ninja warrior will air at 8:00 and running wild-bear grylls right after the game. giants baseball 7:00, nightly news is next. we'll see you again at 6:00. >> have a great evening, folks.
on our broadcast tonight, outbreak, the largest-ever spread of ebola now infecting two americans trying to fight it overseas. and all it takes is a plane ride to bring ebola here. without warning freak storms hit coast-to-coast, tornadoes tearing through areas where they're rarely seen out east. and on the west coast, deadly lightning strike on a beach. raging attacks, a strike on a hospital, the fight over who fired the shot as israel warns it's preparing for the long haul. and as little as five minutes a day, that's all they say it takes to cut your risk of stroke or heart attack in half. "nightly news" begins now.